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The House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005 reported on 13 March 2014. This article considers the findings and recommendations of the Committee, and in particular its two key recommendations – the establishment of an independent oversight body to co-ordinate implementation of the Act, and the need to develop a replacement for the present deprivation of liberty safeguards (DOLS). The government is to respond to the Report later this spring; no doubt there will be more to be said at that time.
The full version of this article appears in issue 2 of 2014 of Elder Law Journal. If you subscribe to the journal please click here to read the full article.